This document includes House Committee Amendments incorporated into the bill on Wed, Mar 6, 2019 at 12:18 PM by pflowers.
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SCHOOL EMPLOYEE BACKGROUND CHECKS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill exempts certain exempt providers from a background check administered by
10     the Department of Health.
11     Highlighted Provisions:
12          This bill:
13          ▸     exempts a provider who provides care to a qualifying child through an educational
14     institution that is regulated by the State Board of Education from submitting
15     information to the Department of Health for a background check.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          26-39-404, as last amended by Laws of Utah 2018, Chapter 58
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 26-39-404 is amended to read:
26          26-39-404. Disqualified individuals -- Criminal history checks -- Payment of
27     costs.

28          (1) (a) Each exempt provider, except as provided in Subsection (1)(c), and each person
29     requesting a residential certificate or to be licensed or to renew a license under this chapter
30     shall submit to the department the name and other identifying information, which shall include
31     fingerprints, of existing, new, and proposed:
32          (i) owners;
33          (ii) directors;
34          (iii) members of the governing body;
35          (iv) employees;
36          (v) providers of care;
37          (vi) volunteers, except parents of children enrolled in the programs; and
38          (vii) all adults residing in a residence where child care is provided.
39          (b) (i) The Utah Division of Criminal Investigation and Technical Services within the
40     Department of Public Safety shall process the information required under Subsection (1)(a) to
41     determine whether the individual has been convicted of any crime.
42          (ii) The Utah Division of Criminal Investigation and Technical Services shall submit
43     fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record
44     check.
45          (iii) A person required to submit information to the department under Subsection (1)
46     shall pay the cost of conducting the record check described in this Subsection (1)(b).
47          (c) An exempt provider who provides care to a qualifying child as part of a program
48     administered by an educational institution that is regulated by the State Board of Education is
49     not subject to this Subsection (1) Ĥ→ , unless required by the Child Care and Development
49a     Block Grant, 42 U.S.C. Secs. 9857-9858r ←Ĥ .
50          (2) (a) Each person requesting a residential certificate or to be licensed or to renew a
51     license under this chapter shall submit to the department the name and other identifying
52     information of any person age 12 through 17 who resides in the residence where the child care
53     is provided. The identifying information required for a person age 12 through 17 does not
54     include fingerprints.
55          (b) The department shall access the juvenile court records to determine whether a
56     person described in Subsection (1) or (2)(a) has been adjudicated in juvenile court of
57     committing an act which if committed by an adult would be a felony or misdemeanor if:
58          (i) the person described in Subsection (1) is under the age of 28; or

59          (ii) the person described in Subsection (1) is:
60          (A) over the age of 28; and
61          (B) has been convicted, has pleaded no contest, or is currently subject to a plea in
62     abeyance or diversion agreement for a felony or misdemeanor.
63          (3) Except as provided in Subsections (4) and (5), a licensee under this chapter or an
64     exempt provider may not permit a person who has been convicted, has pleaded no contest, or is
65     currently subject to a plea in abeyance or diversion agreement for any felony or misdemeanor,
66     or if the provisions of Subsection (2)(b) apply, who has been adjudicated in juvenile court of
67     committing an act which if committed by an adult would be a felony or a misdemeanor, to:
68          (a) provide child care;
69          (b) provide volunteer services for a child care program or an exempt provider;
70          (c) reside at the premises where child care is provided; or
71          (d) function as an owner, director, or member of the governing body of a child care
72     program or an exempt provider.
73          (4) (a) The department may, by rule, exempt the following from the restrictions of
74     Subsection (3):
75          (i) specific misdemeanors; and
76          (ii) specific acts adjudicated in juvenile court, which if committed by an adult would be
77     misdemeanors.
78          (b) In accordance with criteria established by rule, the executive director may consider
79     and exempt individual cases not otherwise exempt under Subsection (4)(a) from the restrictions
80     of Subsection (3).
81          (5) The restrictions of Subsection (3) do not apply to the following:
82          (a) a conviction or plea of no contest to any nonviolent drug offense that occurred on a
83     date 10 years or more before the date of the criminal history check described in this section; or
84          (b) if the provisions of Subsection (2)(b) apply, any nonviolent drug offense
85     adjudicated in juvenile court on a date 10 years or more before the date of the criminal history
86     check described in this section.